Does social security tell you when you are being investigated

Have you heard rumors that Social Security will investigate you if you are applying for or receiving Social Security disability benefits? While it is unlikely that Social Security will hire a private investigator or start combing through your online and social media presence, this could very well happen if a red flag has been raised as to the validity of your claim. Maybe someone filed a complaint or your treating medical professionals have raised some suspicions about your disability. If so, you could be put on surveillance.

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Undercover Surveillance and Social Security Disability
Los Angeles Disability Attorney
Does Social Security Disability send people to watch you?
Do disability investigators follow you around?
How does SSA investigate?
What does it mean when Social Security is reviewing your case?

While Social Security might not be as intense or proactive as private disability insurance providers regarding investigating claims through surveillance methods, undercover surveillance remains an option if Social Security suspicions as to the validity of your disability have been raised. For private insurers, a thorough background check is likely to be initiated through a third-party investigator. The investigator is tasked with gathering information that will be synthesized in a report detailing things such as where you live and who you live with along with details such as what properties are registered in your name, whether you have any active licenses or permits, and your criminal history.

Social Security is likely to already have these kinds of details in your file but may retain a private investigator nonetheless to further verify these details and more. You see, a private investigator working for Social Security may also be tasked with conducting both video and photographic surveillance. This is common practice when the government or private insurers are investigating potentially fraudulent claims.

The private investigator may follow you or park somewhere nearby outside your residence to try and find out whether you are performing activities that you would not be able to do if you had the disability you are claiming you have. Private investigators will be thorough in the tracking of your activities and movements. Of course, you will not be put on notice that you are under investigation or surveillance. The investigator will be looking to see when you leave your home and how often, as well as what you are doing on these outings.

Social media can also be a valuable resource for these kinds of investigations. While Social Security may approach social media data with trepidation, as posts can often be a poor reflection of the reality of a person’s situation, it can still be used to see if you are acting in ways that are counterintuitive to a person with the disabling condition you are claiming for benefits purposes.

You should, of course, always be honest about the nature and extent of your disability. We realize, however, that life does go on, even for those with disabling conditions. Moving on with your life can too easily be misconstrued in some cases. Because of this, approach the sharing of particular information with caution on the internet and social media as well as when you are talking to others, such as your doctor. Be mindful of your movements and activities in case you are under investigation.

Los Angeles Disability Attorney

Are you worried that you are under investigation by Social Security? Talk to the team at Disability Advocates and proceed with day-to-day life with caution. Contact us today.

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The Social Security Administration hires state police to investigate some people who apply for disability benefits. That doesn’t happen in every case—anecdotally, we only see it in about 5% of cases. But when it does happen, the evidence produced is often taken out of context and manipulated to create the false impression that a claimant is not disabled.

To a hammer, everything looks like a nail

When the Social Security Administration does hire a police office to investigate a claimant, the officer produces a report that nearly always concludes that the claimant is less impaired than the claimant reports. There are many reasons for this. Chief among them is that fact that officers are told that the claimant is suspected of fraud, and officers begin their investigation with that bias. Additionally, the administration employs the same officers over and over again. In short, discovering “fraud” justifies the officer’s own importance. Moreover, disability is complicated and the officers draw conclusions that are too simple. For example, a claimant may state in their application that they can sit for 30 minutes without pain. An officer will observe the claimant sitting for 35 minutes, and conclude that the claimant is a liar. Such simplistic reasoning fails to account for the realities of waxing and waning symptoms, or the fact that people behave differentially in the face of police authority.

Police lie to claimants about the reason for the interview

State police nearly always interview claimants under a pretext. In legal terms, this is called a “pretext interview.” Essentially, state police officers who are sent to an claimant’s home will correctly disclose their identity as law enforcement, but will lie about the purpose of their visit. The officer will often claim to be investigating an identity theft or package theft ring in the area, and will ask for the claimant’s help in tracking down the criminals. Often, a claimant will allow the investigating officer into their home as they try to be of help with the investigation, which is known as a “ruse entry.”

In October 2018, the 9th circuit ruled that when police hired by the Social Security Administration gain permission to enter your home based on a lie, they have violated your constitutional rights.

Whalen v. McMullen, a case that was recently decided by the 9th Circuit Court of Appeals on October 30th, 2018, revolved around whether deceitful pretext interviews are legal, particularly when they involve access to a claimant’s home under false pretenses.

Kathleen Whalen underwent a pretext interview during which a Washington State Patrol officer, John McMullen—who told Whalen she was at risk for identity theft—got Whalen to invite him into her home. McMullen was wearing several hidden cameras and recorded video of the entire encounter. Whalen remained unaware of the existence of this footage, and of the fact that she had undergone a pretext interview, until the recording of her home from the CDIU report was used as evidence against her claim when she appealed the denial of her benefits.

The 9th Circuit decided unequivocally that the entry of the claimant’s home by the officer was a warrantless and unconstitutional search. This is due to the fact that, while the claimant did consent to allow the officer into her home, the consent was obtained through deceit.

If you were subjected to an illegal pretext interview in your home, reach out to a lawyer.

This decision will lead to changes in how pretext interviews are conducted in future. Likely, the police will attempt to conduct these interviews outside of claimant’s home. But there are many cases that have already been affected by CDIU reports resulting from deceptive pretext interviews. If you are in the process of appealing an ALJ denial that was reliant on such an CDIU decision and you live in southwest Washington or Oregon, please call our office for a free consultation.

Unlike private insurance companies the SSA does not generally conduct surveillance investigations, but that doesn't mean that they can't or never will. Once you file a disability claim, the SSA looks for proof of your disability.

Do disability investigators follow you around?

In general, disability investigators often follow you around to ensure that your claim is legitimate. While this method may have been heavily used in the past, in today's day and age, claims administrators often utilize a different method for surveilling individuals, and it's with social media and background checks.

How does SSA investigate?

CDI investigations typically begin with a report of suspected fraud from SSA, State DDS, law enforcement, or the public. The CDI unit investigates statements and activities of claimants, medical providers, and other third parties, and obtains evidence to resolve questions of potential fraud.

Under a work review, SSA looks at earnings to determine if an individual is eligible for monthly benefits. A medical review determines if an individual is meeting the medical requirements to collect disability. If the person does not meet the medical requirements, SSA may stop the disability benefits.